The Texas Medical Board (TMB) and Teladoc are in "negotiations," as both have filed motions to put Teladoc v. TMB on hold until April 19, 2017. The previous trial date was set for February.
According to Law 360, "the move comes about two weeks after the Texas Medical Board voluntarily dismissed its appeal asking the Fifth Circuit to bar Teladoc Inc.'s antitrust challenge of the state rule requiring a face-to-face visit. U.S. District Judge Robert Pitman lifted the stay in the case on Oct. 25 and ordered the parties to submit a revised scheduling order by Nov. 8. But Teladoc and the medical board asked the court to reconsider." The court granted the stay on Nov. 4.
The Nov. 2 report of the Texas Sunset Commission on TMB does not address in any way the antitrust TMB exposure Teladoc asserted in the lawsuit. It also does not mention the Federal Trade Commission's staff position that state licensing bodies that have a majority of the licensees it regulates in control of the board are not protected from federal antitrust actions. For more information about Teladoc's antitrust claims against TMB, read "Seeking Invalidation" in the April issue of Texas Medicine.
Other states are attempting to address the antitrust issue, and some have passed remedial legislation to bolster their state action exemption argument to protect their licensure boards. The Texas Legislature may do the same next year. In addition to TMB, all of the state's professional licensing agencies are up for sunset review in the 2017 legislative session.
Action, Nov. 15, 2016
Last Updated On
January 10, 2017